Bill Dodd
- Democratic
- Senator
- District 3
Author
Existing law, the Sherman Food, Drug, and Cosmetic Law, regulates the packaging, labeling, and advertising of drugs and devices, and is administered by the State Department of Public Health. Among other things, existing law prohibits a person from conducting a home medical device retail facility business in this state unless the person has obtained a license from the department and sets forth standards for operating that facility. Existing law authorizes the department to waive any licensing requirements for a home medical device retail facility when, in the opinion of the department, a high standard of patient safety, consistent with good patient care, can be provided by the licensure of a home medical device retail facility that does not meet all of the requirements for licensure. This bill would, except as specified, require an original equipment manufacturer of a powered wheelchair, as those terms are defined, to provide documentation, parts, embedded software, firmware, and tools used to inspect, diagnose, maintain, and repair the wheelchair to an owner or an independent repair provider for the purposes of providing service on the equipment in the state, on fair and reasonable terms and costs, as defined. The bill would also require an original equipment manufacturer, for a powered wheelchair that contains an electronic security lock or other security-related function, to provide any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services, as specified. The bill would require an independent repair provider to provide a written notice to a customer before providing repair services, as specified. This bill would exempt from these requirements any trade secret information, as specified. The bill would subject an original equipment manufacturer who knowingly violates, or who should have reasonably known that they violated, these provisions to specified civil penalties. The bill would, in the case of a first violation, give an original equipment manufacturer who did not knowingly violate these provisions a 3-day right to cure the violation before a civil penalty is imposed. The bill would authorize a person injured by a violation of these provisions and the Attorney General or a district attorney to bring a civil action for this purpose, as specified. If the action is brought by the Attorney General or district attorney, the bill would require the penalty to be paid to specified entities or individuals, as provided. Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income individuals receive health care services pursuant to a schedule of benefits. Existing law imposes requirements relating to complex rehabilitation technology services, including the repair of equipment and parts. Existing law authorizes the department to adopt utilization controls, as specified. This bill would, beginning on January 1, 2025, and until January 1, 2029, prohibit the department from requiring prior authorization for the repair of a complex rehabilitation technology powered wheelchair if the cost of the repair does not exceed $1,250. The bill would also, beginning on January 1, 2025, and until January 1, 2029, prohibit a treatment authorization request for repair or replacement of a complex rehabilitation technology powered wheelchair from requiring a prescription or documentation of medical necessity from the treating practitioner for repairs or replacement if the complex rehabilitation technology powered wheelchair has already been approved for use by the patient, as specified.
Veto sustained.
Stricken from file.
In Senate. Consideration of Governor's veto pending.
Vetoed by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2802.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 79. Noes 0. Page 3396.) Ordered to the Senate.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).
Read second time and amended. Ordered to second reading.
August 16 set for first hearing. Placed on suspense file.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 10. Noes 0.) (July 5).
From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 27). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on P. & C.P.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 1345.) Ordered to the Assembly.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 6. Noes 1. Page 1163.) (May 18).
Set for hearing May 18.
May 8 hearing: Placed on APPR suspense file.
Set for hearing May 8.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0. Page 892.) (April 25). Re-referred to Com. on APPR.
Set for hearing April 25.
From committee: Do pass and re-refer to Com. on JUD. (Ayes 13. Noes 0. Page 746.) (April 17). Re-referred to Com. on JUD.
From committee with author's amendments. Read second time and amended. Re-referred to Com. on B., P. & E. D.
Set for hearing April 17.
Referred to Coms. on B., P. & E. D. and JUD.
From printer. May be acted upon on or after March 3.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB271 | HTML |
| 01/31/23 - Introduced | |
| 04/12/23 - Amended Senate | |
| 06/19/23 - Amended Assembly | |
| 07/10/23 - Amended Assembly | |
| 09/01/23 - Amended Assembly | |
| 09/08/23 - Amended Assembly | |
| 09/18/23 - Enrolled |
| Document | Format |
|---|---|
| 04/14/23- Senate Business, Professions and Economic Development | |
| 04/21/23- Senate Judiciary | |
| 05/05/23- Senate Appropriations | |
| 05/20/23- Sen. Floor Analyses | |
| 06/23/23- Assembly Privacy and Consumer Protection | |
| 06/30/23- Assembly Judiciary | |
| 08/14/23- Assembly Appropriations | |
| 09/05/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- Sen. Floor Analyses | |
| 10/19/23- Sen. Floor Analyses |
Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.
If you notice any inconsistencies with these official sources, feel free to file an issue.